Lock Up Concrete Pumping Pty Ltd
Incident description:
On 10 August 2007, a worker was accessing the hopper section of a concrete truck when a remote control worn around his neck accidentally activated the pump resulting in serious crush injuries to his left hand.
Despite surgery and skin grafts, the worker was left without fingers on his left hand.
The investigation revealed:
- at the time of the incident the trucks engine which ran the concrete pump was idling
- the defendant did not have controls in place ensuring workers could not come into contact with moving parts of the concrete pump.
Post incident, the risk was eliminated through a new hopper grate being installed which requires a spanner to undo nuts prior to accessing the hopper. An accumulator safety dump valve was also installed on the grate to the hopper.
Court result:
The defendant was found guilty and fined. Industrial Magistrate McCallum noted the defendant's argument regarding its financial circumstances.
The Court took into account the defendant's otherwise good record, its cooperation with the investigation and the steps subsequently taken in ordering no conviction be recorded.
Note: An application to appeal was made to the Industrial Court on 22 December 2008. The decision for this appeal was handed down on Thursday 7 May 2009. President Hall dismissed the appeal.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)When working in the construction industry where there is exposure to risk from plant with moving parts, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.
Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.
When deciding on and implementing appropriate control measures associated with the exposure to risk from plant with moving parts, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.
Once evaluated, obligation holders should implement control measures and a comprehensive training program to ensure all workers are fully aware of their responsibilities, likely risks and safe working practices of the workplace.
Control measures that may be considered when working with or near plant with exposed or moving parts include.
- installing guards that comply with manufacturers' recommendations
- restricting access to the exposed area
- enforcing the use of personal protective equipment (PPE) when operating plant
- scheduling periodic checks and maintenance of plant
- installing safety stop/latches to restrict or stop the movement of plant in an emergency
- ensuring first aid kits and treatment are easily accessible if required
- implementing an emergency action plan to ensure emergencies are dealt with efficiently and effectively.
Visit the Workplace Health and Safety Queensland website for more information on:
- Health and safety information for construction
- Building and construction guide (Orange book) (PDF, 433 kB)
- Modifying plant, machinery or equipment
- Managing risk
- Guidelines for working around trucks - loading and unloading (PDF, 226 kB)
- Employer training options
- Training staff
- First aid
- Personal protective equipment
- Plant Code of Practice 2005
- Risk Management Code of Practice 2007
- Concrete Pumping Code of Practice 2005
- Workplace Health and Safety Act 1995.
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Industry:
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Construction
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ANZSIC code:
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4221 |
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Defendant:
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Lock Up Concrete Pumping Pty Ltd
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Defendant ACN:
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102 671 018
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Date of offence:
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10 August 2007
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Location of offence:
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Goodna
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Injury:
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Crush Injuries to left hand
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Ipswich Industrial Magistrates Court
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Magistrate:
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Ms Donna McCallum
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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8 December 2008
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Penalty:
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$20 000
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Maximum fine available:
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$375 000
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Investigation costs:
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$900
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Professional and legal costs:
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-
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Court costs:
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$65.40
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In default period to pay:
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Referred to State Penalties Enforcement Registry
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Conviction recorded:
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No
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CIS event no.:
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66977
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